Operational Memorandum
of Understanding
between
the Canadian Human Rights Commission
and
The Immigration and Refugee Board of Canada

1. INTRODUCTION

1.1 The Canadian Human Rights Act was adopted by Parliament to give effect to the principle that all individuals should be treated equally. In recognition of this important principle, the Canadian Human Rights Commission strongly supports preventive strategies aimed at reducing harassment in the workplace and in the provision of goods and services to the general public.

1.2 Immigration and Refugee Board of Canada (‘the Board’) and the Canadian Human Rights Commission (‘ the Commission’), hereinafter referred to as the "Participants", agree to collaborate on the development or enhancement of workplace policies related to harassment in the workplace, as well as on the provision of training on the prevention of harassment in the workplace.

2. OBJECTIVES AND SCOPE

2.1 This operational MOU sets out procedures to guide the Participants in the effective application of the principles set out above. In general the following items will be considered.

2.1.1 Participants will collaborate to design and deliver harassment workshops for the Board in the National Capital Region and its regional offices;

2.1.2 The target audience will be IRB public servants and Governors in Council appointees (GICs);

2.1.3 The training and related material will be consistent with training criteria established by the Treasury Board of Canada Working Group;

2.1.4 IRB National Union representatives will be consulted on the content of the course.

3. RESPONSIBILITIES

3.1 The participants recognize that reducing harassment requires a proactive and systemic approach, and that it is in the best interests of all parties to work together to raise awareness and prevent harassment as early as possible. Consequently, the Board and the Commission agree to the following:

3.1.1 The Participants will collaborate to provide training and produce training materials on the topics of anti-harassment, with a view to improving awareness and an anti-discrimination culture within the Board. The training and its related material will be twofold; the first will be related to a one-day session for public servants and GIC managers, HR specialists in labour relations; the second will be related to a half-day session for the rest of the employees.

3.1.2 Subject to Article 3.1.9 the Participants will have the right to use, reproduce, modify and distribute any training material produced under the scope of this Memorandum of Understanding. This right will subsist after the termination of this Memorandum of Understanding.

3.1.3 The Participants will collaborate to plan and coordinate a two-year training schedule for the National Capital Region and the Regional Offices starting with fiscal year 2007-2008.

3.1.4 The Board will be responsible for the logistics of training delivery (equipment needs, room reservations/location, translation, accessibility needs, etc.) and for the reproduction of training materials.

3.1.5 The Board will also be responsible for the scheduling and advertising of training sessions, as well as for confirming the number of registrations prior to training delivery. The Board will give the Commission a minimum of two (2) weeks prior to the actual date of delivery to decide whether the training will be held or rescheduled.

3.1.6 Each Participant will be responsible for providing the trainers required for the delivery of its training modules.

3.1.7 The Board will be responsible for the collection and mailing of evaluations forms to the coordinators of the training program.

3.1.8 The Participants will jointly conduct an analysis of evaluation forms and reach a mutual agreement on the nature of revisions to be made to the training program.

3.1.9 The Participants will be responsible for the implementation of the revisions to the training program. To this end, the Board will share any material feedback it receives from trainers and trainees with regard to the training and material provided under the scope of this Memorandum of Understanding.

3.1.10 The Participants also agree that, within the first two years of training delivery, they will identify a group of trainers within the Board that will be trained through the Train the Trainer program of the Commission.

3.2 The Participants recognize that adopting a proactive and systemic approach to preventing harassment also requires the development or enhancement of workplace policies related to harassment matters, for which the Commission will offer its expertise, upon request by the Board.

3.3 The Commission and the Board agree that their representatives will meet and report on a regular basis to discuss the implementation of this MOU with a view to improving the process and maintaining a good working relationship between the two organizations.

4. FINANCIAL ARRANGEMENTS

4.1 This MOU will not impose any financial responsibilities on its participants, except that each Participant will be responsible for the funding costs it incurs in its own interest, related to the support of the MOU. Only the travel costs incurred by the Commission’s trainers will be at the charge of the Board. However, the Commission will try to use the most as possible its regional resources to lower the costs.

5. INTERPRETATION

5.1 Nothing in this MOU derogates from the powers of the parties under the Canadian Human Rights Act.

6. SETTLEMENT OF DISPUTES

6.1 Any disputes regarding the interpretation or implementation of this MOU will be resolved only by consultation among the participants and will not be referred to a national or international tribunal or other third party for settlement.

7. AMENDMENT

7.1 This MOU can be amended at any time with the mutual written consent of the participants.

8. DURATION AND TERMINATION

8.1 This MOU will be in effect for a period of two (2) fiscal years (2007-2008/2008-2009) after the effective date.

8.2 This MOU will be reviewed twelve months after the effective date to assess progress.

8.3 Either participant may terminate, at any time, upon presentation of two months written notice to the other participant, or by mutual written consent of the Participants.

9. EFFECTIVE DATE AND SIGNATURE

9.1 This MOU will enter into effect on the date of the later signature.

 

____________________________________
Myriam Montrat
Director General, Discrimination Prevention
Canadian Human Rights Commission

____________________________________
Caroline Cyr
Director General, Human Resources and Professional Development Branch
Immigration and Refugee Board of Canada